Separation of Marriage and State Bill 2016

A bill to uncouple the formal ceremony of marriage from the state, reform civil partnerships, and to decriminalise current offences relating to marriages.

BE IT ENACTED by The Queen's most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:-

Section 1: Repeals

(a) Section 57 of the Offences Against the Person Act 1861 is hereby repealed.

(b) The Marriage Act 1949 is hereby repealed.

(c) Marriage Act Act 1753 is hereby repealed.

(d) Marriage (Same Sex Couples) Act 2013 is hereby repealed.

(e) Marriage Act 1836 is hereby repealed.

(f) Marriage Act 1994 is hereby repealed.

(g) Deceased Wife's Sister's Marriage Act 1907 is hereby repealed.

(h) The Marriage Duty Acts of 1694 and 1695 are hereby repealed.

(i) Matrimonial Causes Act 1973 is hereby repealed.

(J) Marriage (Scotland) Act 1977 is hereby repealed.

(k) Same Sex Marriage Act (Northern Ireland) 2015 is hereby repealed.

(l) Marriage (Parental Consent Removal) Act 2015 is hereby repealed.

Section 2: Amendments to Civil Partnership Act 2004

(1) Any case wherein the Civil Partnership Act 2004 where exactly two partners are required shall instead be read as allowing for any quantity.

(2) Subsection 1 of Section 1 of the Civil Partnership Act 2004 shall read as follows:

(1) A civil partnership is a relationship between any consenting individuals (civil partners)-

(3) Section 3 of the Civil Partnership Act 2004 shall read as follows:

Eligibility:

(1) People are not eligible to register as civil partners of each other if—

(a) any of them are under 16

(4) Subsection 5 of Section 4 of the Civil Partnership Act 2004 shall read as follows:

(5) In this Part “child”, except where used to express a relationship, means a person who is under 16.

(5) Subsection 1a of Section 6 of the Civil Partnership Act 2004 shall read as follows:

(a) must be in The United Kingdom of Great Britain & Northern Ireland

(6) Subsection 1 of Section 22 shall read as follows:

(1)The person giving a notice of proposed civil partnership to a registration authority under the special procedure must produce to the authority such evidence as the Registrar General may require to satisfy him—

(a)that there is no lawful impediment to the formation of the civil partnership,

(b)that the conditions in subsection (2) are met.

(7) Subsection 3 of Section 40 shall read as follows:

(3) The court may—

(a) make the order final,

(b) rescind the order,

(c) otherwise deal with the case as it thinks fit.

(8) Sections 41 and 42 are hereby repealed.

(9) Sections 44, 45, 46, 47 and 48 are hereby repealed.

(10) Subsection 1 of Section 50 shall read as follows:

50 Grounds on which civil partnership is voidable

(1) Where two people register as civil partners of each other in England and Wales, the civil partnership is voidable if—

(a) either of them did not validly consent to its formation (whether as a result of duress, mistake, unsoundness of mind or otherwise);

(b) at the time of its formation either of them, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder of such a kind or to such an extent as to be unfitted for civil partnership;

(11) Section 56 is hereby repealed.

(12) Subsection 1 of Section 86 shall read as follows:

(1) People are not eligible to register in Scotland as civil partners of each other If—

(a) any have not attained the age of 16,

(b) any are incapable of—

(i) understanding the nature of civil partnership, or

(ii) validly consenting to its formation.

(13) Subsections 2 through 10 of Section 86 are hereby repealed.

(14) Subsections 2 through 8 of Section 117 are hereby repealed.

(15) Section 118 is hereby repealed.

(16) Subsection 1 of Section 138 shall read as follows:

(1) People are not eligible to register as civil partners of each other if—

(a) any of them are under 16,

(b) any of them are incapable of understanding the nature of civil partnership.

(17) Section 165 and 166 are hereby abolished.

(18) Subsections 2 through 6 of Section 168 are hereby abolished.

(19) Sections 171 and 172 are hereby abolished.

(20) Subsection 1 of Section 174 shall read as follows:

(1) Where two people register as civil partners of each other in Northern Ireland, the civil partnership is voidable if—

(a) either of them did not validly consent to its formation (whether as a result of duress, mistake, unsoundness of mind or otherwise);

(b) at the time of its formation either of them, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder of such a kind or to such an extent as to be unfitted for civil partnership;

(21) Article b of Subsection 1 of Section 212 is hereby abolished.

(22) Section 216 is hereby abolished.

Section 3: Provisions

(1) Marriages shall have identical legal benefits & effects to civil partnerships.

(2) All reference to marriage as a state and/or legal institution in legislation is no longer valid.

(3) Marriage shall henceforth be uncoupled from the state in every instance.

(4) Civil partnerships shall be accessible nationally.

Section 4: Commencement, Short Title & Extent

(1) This bill will come into effect immediately upon passage.

(2) This bill may be cited as the Separation of Marriage and State Act 2016.

(3) This act shall extend to the United Kingdom of Great Britain & Northern Ireland.

This bill was written by /u/NicolasBroaddus, Her Majesty’s Principal Secretary of State for Defence, adapting an earlier bill by /u/rlack, with his permission. This bill is sponsored by /u/WineRedPsy, Right Honourable National MP and Her Majesty’s Principal Secretary of State for Business, Industry and Skills, /u/VowelmanIscariot, Right Honourable National MP, and /u/agentnola, Right Honourable Central Scotland MP and Her Majesty’s Principal Secretary of State for Constitutional Affairs, on behalf of the 11th Government.

The voting period for this bill will end at 10PM BST on the 21st of October.

Vote Aye, No or Abstain. Comments with anything else will be deleted. Comments that are edited will be void and not counted.

If a member is voting by proxy, they must have gained permission from the speaker prior to this vote. If no permission was sought and granted, their vote will not be counted.

For full clarifications on the voting system see this post.